Delaware 152nd General Assembly (2023-2024) Status: Enacted 14 D cosponsors

HB 274 — AN ACT TO AMEND TITLE 18, TITLE 29, AND TITLE 31 OF THE DELAWARE CODE RELATING TO INSURANCE COVERAGE OF ALLERGEN INTRODUCTION DIETARY SUPPLEMENTS FOR INFANTS.

Last action — Signed by Governor

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 04, 2024. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 18 sponsors

    18 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (14 D).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Early, sustained exposure to peanut and egg proteins in the infant diet significantly reduces the risk that an infant will develop a peanut or egg allergy, saving lives and future health care costs. Following multiple clinical studies, the current guidance of the American Academy of Allergy, Asthma, and Immunology and the American College of Allergy, Asthma, and Immunology, which is followed by pediatricians, recommends that by age 6 months, all infants should be introduced to both peanut and egg protein and that unless contraindicated, all infants should regularly consume peanut and well-cooked egg protein until they reach the age of 1 year, to reduce the risk of developing peanut or egg allergies. This Act requires that all health insurance plans subject to requirements under Delaware law, including Medicaid, provide coverage, at no cost when prescribed to infants, of at least 1 early peanut allergen introduction dietary supplement and at least 1 early egg allergen introduction dietary supplement. This Act applies to all policies, contracts, or certificates issued, renewed, modified, altered, amended, or reissued after December 31, 2025.

Bill Text

How this bill changes current law

4 changes Share ↗

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill mandates insurance coverage for allergenic protein dietary supplements for infants, including both early egg and peanut allergen introduction supplements, at no cost to the insured.

  • Chapter 33, Title 18

    § 3370G. Coverage for allergenic protein dietary supplements. (b)(1) All individual health insurance policies, contracts, or certificates that are delivered, issued for delivery, renewed, extended, or modified in this State shall provide coverage for at least 1 of each of the following: a. An early egg allergen introduction dietary supplement. b. An early peanut allergen introduction dietary supplement. (2) The coverage required under paragraph (b)(1) of this section shall be provided at no cost to a covered individual, including deductible payments and cost-sharing amounts charged once a deductible is met.

    This establishes a new requirement for individual health insurance policies to cover specific dietary supplements for infants without cost-sharing.

  • Chapter 35, Title 18

    § 3571AA. Coverage for allergenic protein dietary supplements. (b)(1) All group and blanket health insurance policies, contracts, or certificates that are delivered, issued for delivery, renewed, extended, or modified in this State shall provide coverage for at least 1 of each of the following: a. An early egg allergen introduction dietary supplement. b. An early peanut allergen introduction dietary supplement. (2) The coverage required under paragraph (b)(1) of this section shall be provided at no cost to a covered individual, including deductible payments and cost-sharing amounts charged once a deductible is met.

    This introduces a requirement for group and blanket health insurance policies to include coverage for specific dietary supplements for infants at no cost.

  • Chapter 52, Title 29

    § 5218. Coverage for allergenic protein dietary supplements. (b)(1) The plan shall provide coverage for at least 1 of each of the following: a. An early egg allergen introduction dietary supplement. b. An early peanut allergen introduction dietary supplement. (2) The coverage required under paragraph (b)(1) of this section shall be provided at no cost to a covered individual, including deductible payments and cost-sharing amounts charged once a deductible is met.

    This mandates coverage within state plans for the specified dietary supplements for infants, enforcing no cost for the covered individuals.

  • Chapter 5, Title 31

    § 533. Coverage for allergenic protein dietary supplements. (b)(1) The plan shall provide coverage for at least 1 of each of the following: a. An early egg allergen introduction dietary supplement. b. An early peanut allergen introduction dietary supplement. (2) The coverage required under paragraph (b)(1) of this section shall be provided at no cost to a covered individual, including deductible payments and cost-sharing amounts charged once a deductible is met.

    This ensures that health plans under Title 31 also provide required coverage for the specified dietary supplements for infants without cost to recipients.

Action History

  1. Signed by Governor

  2. Passed By Senate. Votes: 21 YES

  3. Reported Out of Committee (Finance) in Senate with 4 On Its Merits

  4. Assigned to Finance Committee in Senate

  5. Reported Out of Committee (Banking, Business, Insurance & Technology) in Senate with 6 On Its Merits

  6. Assigned to Banking, Business, Insurance & Technology Committee in Senate

  7. Passed By House. Votes: 23 YES 6 NO 7 NOT VOTING 5 ABSENT

  8. Reported Out of Committee (Appropriations) in House with 1 Favorable, 5 On Its Merits

  9. Assigned to Appropriations Committee in House

  10. Reported Out of Committee (Economic Development/Banking/Insurance & Commerce) in House with 9 Favorable, 1 On Its Merits

  11. Introduced and Assigned to Economic Development/Banking/Insurance & Commerce Committee in House

Sponsors

Sponsorship breakdown

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18 sponsors · 0 co-sponsors · 44 not signed on · 6 voted No

Sponsors (18)

Co-sponsors (0)

None.

Not signed on (44)

44 members have not signed on to this bill.

Show all 44 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SM

Passed 21 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 13000
Republican 6000
Unaffiliated 2000
Total 21000
% of votes cast 100%0%0%0%
How each member voted (21)
Member Party Vote
Kyle Evans Gay — Yea
Sarah McBride — Yea
Bryan Townsend Democratic Yea
Darius J. Brown Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Kyra L. Hoffner Democratic Yea
Laura V. Sturgeon Democratic Yea
Marie Pinkney Democratic Yea
Nicole Poore Democratic Yea
Russell Huxtable Democratic Yea
S. Elizabeth Lockman Democratic Yea
Spiros Mantzavinos Democratic Yea
Stephanie L. Hansen Democratic Yea
Trey Paradee Democratic Yea
Brian Pettyjohn Republican Yea
Bryant L. Richardson Republican Yea
Dave G. Lawson Republican Yea
David L. Wilson Republican Yea
Eric Buckson Republican Yea
Gerald W. Hocker Republican Yea

Official roll call →

SM

Passed 23 Yea · 6 Nay · 12 Other
Party YeaNayPresentNot Voting
Unaffiliated 5002
Democratic 17003
Republican 1607
Total 236012
% of votes cast 56%15%0%29%
How each member voted (41)
Member Party Vote
Michael Ramone — Not Voting
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Sean Matthews — Not Voting
Sherry Dorsey Walker — Yea
Stell Parker Selby — Yea
Valerie Longhurst — Yea
Cyndie Romer Democratic Yea
DeShanna U Neal Democratic Yea
Debra Heffernan Democratic Not Voting
Edward S. Osienski Democratic Yea
Eric Morrison Democratic Yea
Franklin D. Cooke Democratic Yea
Kendra Johnson Democratic Not Voting
Kerri Evelyn Harris Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Larry Lambert Democratic Yea
Madinah Wilson-Anton Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Yea
Sherae'a Moore Democratic Not Voting
Sophie Phillips Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Not Voting
Charles S Postles Jr. Republican Nay
Daniel B. Short Republican Not Voting
Jeff Hilovsky Republican Not Voting
Jeffrey N. Spiegelman Republican Not Voting
Jesse R. Vanderwende Republican Nay
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Nay
Michael F. Smith Republican Not Voting
Richard G. Collins Republican Nay
Ronald E. Gray Republican Not Voting
Shannon Morris Republican Nay
Timothy D. Dukes Republican Not Voting
Valerie Jones Giltner Republican Nay

Official roll call →

Subjects

healthcare health-insurance
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Frequently asked questions

What does HB 274 do?
Early, sustained exposure to peanut and egg proteins in the infant diet significantly reduces the risk that an infant will develop a peanut or egg allergy, saving lives and future health care costs. Following multiple clinical studies, the current guidance of the American Academy of Allergy, Asthma, and Immunology and the American College of Allergy, Asthma, and Immunology, which is followed by pediatricians, recommends that by age 6 months, all infants should be introduced to both peanut and egg protein and that unless contraindicated, all infants should regularly consume peanut and well-cooked egg protein until they reach the age of 1 year, to reduce the risk of developing peanut or egg allergies. This Act requires that all health insurance plans subject to requirements under Delaware law, including Medicaid, provide coverage, at no cost when prescribed to infants, of at least 1 early peanut allergen introduction dietary supplement and at least 1 early egg allergen introduction dietary supplement. This Act applies to all policies, contracts, or certificates issued, renewed, modified, altered, amended, or reissued after December 31, 2025.
Who sponsors HB 274?
HB 274 is sponsored by Sherry Dorsey Walker, William Bush (Democratic), Spiros Mantzavinos (Democratic), Nicole Poore (Democratic), Trey Paradee (Democratic), Kimberly Williams (Democratic), Paul S. Baumbach, Michael Ramone, Bryan Townsend (Democratic), John "Jack" Walsh (Democratic), David P. Sokola (Democratic), Kendra Johnson (Democratic), William J. Carson (Democratic), Madinah Wilson-Anton (Democratic), Edward S. Osienski (Democratic), Russell Huxtable (Democratic), Laura V. Sturgeon (Democratic), and Sarah McBride.
What is the current status of HB 274?
This bill has been enacted into law. Introduced January 04, 2024. Enacted.
Where can I track HB 274?
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